The Veteran's service-connected disabilities, which include complete peroneal nerve paralysis of the left leg (40%), post-operative residuals of the left knee with resultant instability (20%), and degenerative joint disease of the left knee (10%), combine to a single disability evaluated as 60 percent disabling. The competent clinical evidence does not demonstrate that these service-connected disabilities preclude the Veteran from securing or following a substantially gainful occupation.
The deciding factor: The combined rating for the Veteran's service-connected disabilities is 60%, which meets the criteria for TDIU under 38 C.F.R. § 4.16(a). However, the VA examination and SSA decision indicate that the Veteran's unemployment is due to non-service-connected conditions (substance abuse, psychiatric disorders, obesity) rather than his service-connected disabilities.
- Claimed conditions
- Complete peroneal nerve paralysis of the left leg, Post-operative residuals of the left knee with resultant instability, Degenerative joint disease of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 24, 2012
- Citation
- 1206818
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1206818.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings due to inconsistencies in the January 2022 VA examination reports and a need for clarification regarding the Veteran's intent when filing his Notice of Disagreement. The AOJ is directed to schedule new examinations, obtain retrospective medical opinions, and clarify the severity of the Veteran's disabilities during the relevant period on appeal.
- Denied
The Veteran's claim for eligibility for specially adapted housing and special home adaptation grant was denied as he does not meet the criteria for a qualifying total service-connected disability rating or loss of use of lower extremities.
- Denied
The Board has denied service connection for degenerative joint disease of the left and right knee, osteoarthritis of the left shoulder, a right shoulder condition, and intervertebral disc disorder of the spine as there is no evidence to support that these conditions were incurred or aggravated by military service.
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